Arizona weekly enterprise., 1887-12-24

vas taken. Said decree directed that he conveyances and amendatory disposi- ions required royal confirmation.
 The faculty of granting lands and water | rights was also vested in the superior board of the royal treasury and the in- spectors, according to article 81 of the ordinances of 1786, and some captains of fortresses.
 The proceedings for the adjudication of untitled lands customary in TIT must have been the same, in my belief, as those practiced ill 1758, in which year the grant of the Marquis de las Amarillas to Michael Perafta is said to have been made. as there is no reason to believe to the contrary It has appeared conven- lent to me 10 refer to 1777, as the pro ceedipgs of that year are quite minutely stated to have been the following:
 Il. Writing of the applicant submit ted to the speclal judge of land and water rights.
 2. Writ of attorney general.
 8. Attorneys report authenticated by notary, or what was called 'acordado.'
 f. Transmission of the 'acordado' to the governor of the province where the application was made.
 5. Proceeding ('paso') of the lieuten- ant of the province.
 6. Proceedings of the justice of the town where the application was made.
 7. Writ of execution.
 & Writ of order to publish warrant
 9. Writ of publication requiring the interested parties to present witnesses.
 10. Testimoney of witnesses.
 II. Writ to summon the owners of adjoining lands, if there be any
 12. Summons to the same partees.
 13. Reply of the same.
 14. Appointment of experts.
 b, Idem of interpreter.
 Is. Acceptance of the charge.
 F. Writ to visit place of proceedings
 IS. Ocular examination.
 19. Notice that survey and ocular ex- animation have been terminated.
 20. Measurement with cord.
 21. Beginning of the m easurement of the land.
 p. Continuation of tue measure ment with cord.
 23. Notice that measurement has been concluded and report of tie result ob- tained.
 24 Declaration showing the extent of the land that has been measmed.
 20. Map of the land. 26 Appraisement. 27. Opinion of the judge of the pro- ceedings, declaring whether there IS ol not prejudice of 2, third party, and il land can be granted
 28 The record of the proceedings IS delivered under seal, 10 he tran smlttet | to the special judgs of ,and and water rights who resides in Mextco.
 29. The special judge ordered tht records to be referred to the attorney general.
 30. Opinion of the attorney genera of the proceedings.
 31. Decision of the judge; comply with instructions of attorney general.
 32. The royal officers are instructed to receive the sum for which the lant was adjudged
 33 Receipt of said sum.
 34 Transmission to attorney genera for confirmation.
 35 Issue of grant.
 For further details see ordinances e lands and water rights, pages IF to 128.
 8 Was any record kept in Madrid O the concessions made by the viceroy O New Spain on the recommendation 0 the King of Spain.
 1 Undoubtedly such record was kept il the archives of the Indies, as 1t is gen orally known that the Viceroy reported his most ordinary acts te the King, sucl for instance as the appointment of sucl and such persons as lieut. enant, in a much that 1t Is only reasonable to pre- sume that in matters of real importanc the execution of his order must hay been communicated when the grant re ferred to was made.
 Moreover, 1t IS to be believed that n royal decree, superior order, or any other docume nt whatever, was issued ln any ( the departments of His Majesty the Kin of Spain without retaining an auth enticated copy at record of the proceed
 ing. As in the present case it is allege that the grant made by the Marquis q las Amarillas to Mir Michael Peralta i 175S was confirmed by King Charles II in 1772, Is safe to presume that, not CT countering in this office the royal deere
 conveying the said confirmation, 1t ma be found ill the archives of "Simancas which contain those of the Indies aecun ulated during the time of the vice-reg
 government, and which pertain to tn country formerly known as New Spain , am further inclined to believe tn; in the archives of the royal supren court of Guadalajara there may be som
 record of said grant, as this court als possessed the faculty to make grants ( | land and corresponded directly with th king.
 The general commander of the inter- al provinces also corresponded directl with the king. and among the many e : tensive faculties he had it is not unlikel B that he exercised the one of grantir | land situated within the territory of h
 jurisdiction, which comprised New Bi cay, New Mexico, Texas, Coahuila, Son ra, and what Is known as Arizona, - It is also possible that the grant f. , which the searc oh has been made ";
 among these general archives and lost 3 the year 1840, when the said archiv' l were taken out of this office and u packages used to form a breastwork in u : main entrance of the national palace 7 know as the Gentry of honor" 2 After the revolutionary movement VI : suppressed many packages were lost an : few returned to this office. Tn such di s order as arose from the cause aforsaid 3 In 1871 Mir Valente Bas, director r tho arcl,iyaS of tha daOartnoe